Byrd, Thomas Leon
PD-0213-15
| Tex. App. | Jul 20, 2015Background
- Byrd was convicted on Counts I–III for possession of a controlled substance in a drug-free zone and evading arrest with a prior conviction; trial court sentenced 80 years (Count I) and 20 years (Counts II–III) with a cumulation order delaying operation until the prior sentence ceases to operate.
- The prior conviction is 2007-1823-C1 in McLennan County for possession with intent to deliver cocaine, with a 15-year sentence, and Byrd pled true to the enhancement.
- The State moved to cumulate the new sentences with the prior conviction; the court entered a cumulation order.
- The Tenth Court of Appeals affirmed; discretionary review was granted by this Court to consider the legality of stacking a sentence on a prior conviction.
- There is no record evidence of Byrd’s parole status at the time of sentencing, which the Court treats as not dispositive to the issue.
- The Court ultimately holds that the cumulation order was authorized and the case should be affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cumulating the new sentence with the prior sentence was authorized | Byrd | State | Yes, the cumulation was authorized |
Key Cases Cited
- Banks v. State, 708 S.W.2d 460 (Tex. Crim. App. 1986) (five requirements for cumulation order)
- Barela v. State, 180 S.W.3d 145 (Tex. Crim. App. 2005) (order of conviction controls; no requirement to prove current parole status)
- Ex parte Kuester, 21 S.W.3d 264 (Tex. Crim. App. 2000) (time-credit issue; disapproved by Hale)
- Ex parte Hale, 117 S.W.3d 866 (Tex. Crim. App. 2003) (disapproved Kuester; clarifies time-credit context)
- Hill v. State, 213 S.W.3d 533 (Tex. App.—Texarkana 2007) (Kuester limited to time credit issues)
- Ex parte Vela, 460 S.W.3d 610 (Tex. Crim. App. 2015) (legislature intended broad trial court discretion in stacking)
- Townsend v. State, 187 S.W.3d 131 (Tex. App.—Texarkana 2006) (flexibility in cumulation; not limited by immediate sentence calculation)
- Nicholas v. State, 56 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2001) (elements for proper cumulation; abuse of discretion standard)
- Wilson v. State, 854 S.W.2d 270 (Tex. App.—Amarillo 1993) (no basis for error where record lacks parole status)